Understanding the divorce process in England and Wales

For many people, starting the divorce process can feel overwhelming.

There are often questions around how long it takes, what the different stages mean, and how finances or arrangements for children fit into the process.

Since the introduction of the no-fault divorce system in England and Wales, the legal process has become more straightforward in many cases. However, there are still important steps to understand, particularly when it comes to resolving practical issues after separation.

This blog explains the main stages of divorce and how mediation can help couples deal with finances and child arrangements alongside the legal process.

Understanding the divorce process can help reduce uncertainty and allow couples to plan ahead

No-fault divorce explained

Divorce in England and Wales now operates under a no-fault system following the introduction of the Divorce, Dissolution and Separation Act 2020.

This means couples no longer need to blame one another or prove:

• Adultery

• Unreasonable behaviour

• Long periods of separation

  
  

Instead, the application simply states that the marriage has irretrievably broken down.

The aim of the changes was to reduce unnecessary conflict and encourage a more constructive approach to separation.

Applying for divorce

The process begins with either:

• One spouse applying alone (sole application), or

• Both spouses applying together (joint application)

  
  

To apply for divorce:

• The marriage must have lasted at least one year

• The marriage must be legally recognised in the UK

• The relationship must have irretrievably broken down

  
  

Applications are usually made online through the government divorce service.

At this stage, couples will normally need:

• A marriage certificate

• Names and addresses

• Payment of the court fee

  
  

Acknowledgement of service

If one person applies on their own, the court sends the divorce application to the other spouse.

The responding spouse usually has 14 days to acknowledge receipt.

Under the no-fault system, it is now very difficult to contest the divorce itself unless there are specific legal issues, such as questions around jurisdiction or the validity of the marriage.

For joint applications, both people simply confirm they wish to continue with the process.

The 20-week reflection period

Once the court issues the application, there is a mandatory 20-week waiting period before the next stage can begin.

This period is designed to allow time for:

• Reflection

• Discussions about finances

• Arrangements for children

• Negotiation and planning

  
  

For many couples, this is also when practical issues begin to take priority.

This may include discussions around:

• The family home

• Savings and debts

• Pensions

• Parenting arrangements

• Child maintenance

  
  

How mediation can help during divorce

While the divorce itself deals with legally ending the marriage, it does not automatically resolve financial matters or arrangements involving children.

This is where mediation can play an important role.

Mediation provides a structured and neutral environment where couples can discuss:

• Financial arrangements

• Parenting plans

• Communication moving forward

• Practical issues following separation

  
  

Rather than leaving decisions entirely to the court, mediation allows couples to remain involved in shaping outcomes that work for their family.

Many people find this helps reduce conflict and creates more workable long-term arrangements.

The conditional order

After the 20-week period ends, the applicant or applicants can apply for the Conditional Order.

This is the stage where the court confirms there is no legal reason the divorce cannot proceed.

This was previously known as the Decree Nisi.

Once the paperwork has been reviewed and approved, the Conditional Order is issued.

The final order

Following the Conditional Order, there is another mandatory waiting period of 6 weeks and 1 day.

After this time, the applicant or applicants can apply for the Final Order.

The Final Order legally ends the marriage.

This was previously known as the Decree Absolute.

It is important to keep this document safely as proof that the marriage has legally ended.

Financial settlements after divorce

One of the most important things to understand is that the divorce itself does not automatically deal with finances.

Even after the marriage has legally ended, financial claims can sometimes remain open unless there is a formal financial order in place.

This may include:

• Property

• Savings

• Debts

• Pensions

• Spousal maintenance

  
  

Where agreements are reached, these can often be recorded in a financial consent order approved by the court.

Arrangements for children

Issues involving children are dealt with separately from the divorce process itself.

This may include:

• Where children will live

• Time spent with each parent

• Schooling decisions

• Holiday arrangements

• Communication between parents

  
  

Courts encourage parents to reach agreements wherever possible, rather than relying on contested court proceedings.

Mediation can often help parents work through these discussions in a more constructive and child-focused way.

How long does divorce take?

A straightforward divorce will usually take at least:

• Around 6 to 8 months

  
  

This can take longer where there are disputes involving finances or children.

The minimum legal timetable includes:

• The 20-week reflection period

• The 6 weeks and 1 day waiting period

• Court processing times

  
  

Conclusion

Although the divorce process has become more straightforward under the no-fault system, separation still involves important decisions around finances, children, and future arrangements.

Understanding the stages involved can help reduce uncertainty and allow people to approach the process with greater clarity.

Where possible, mediation can provide a more constructive way to resolve issues alongside the legal process, helping couples maintain greater control over decisions affecting their future and their family.